HomeMy WebLinkAboutNS-2427 - Amending Chapter 41 of the Santa Ana Municipal Code to Prohibit Drive Through Facilities in the Central Business and Central Business-Artists Village Zoning Districts63
ORDINANCE NO. NS-2427
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 41 OF THE SANTA
ANA MUNICIPAL CODE TO PROHIBIT DRIVE THROUGH
FACILITIES IN THE CENTRAL BUSINESS (C3) AND
CENTRAL BUSINESS-ARTISTS VILLAGE (C3-A) ZONING
DISTRICTS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: The City Council has reviewed and considered the information
contained in the initial study and the negative declaration prepared with respect to this
Project, together with all comments and response to comments. The City Council has, as
a result of its consideration, and the evidence presented at the hearings on this matter,
determined that, as required pursuant to the California Environmental Quality Act and the
State CEQA Guidelines, a Negative Declaration adequately addresses the expected
environmental impacts of this Project. On the basis of this review, the City Council finds
that there is no evidence from which it can be fairly argued that the Project will have a
significant adverse effect on the environment. The City Council hereby certifies and
approves the negative declaration for Environmental Review No. 99-169 and directs that
the Notice of Determination be prepared and filed with the County Clerk of the County of
Orange in the manner required by law.
SECTION 2: That Santa Ana Municipal Code Section 41-395 is hereby amended
to read as follows:
Sec. 41-395. Uses permitted in the C3 district, provided that drive-through facilities
are not permitted in conjunction with any of the following uses.
All uses which are permitted in the C2 district pursuant to section 41-377 are
likewise permitted in the C3 district except that service stations, automobile servicing, and
automobile repair are prohibited.
SECTION 3: That Santa Aha Municipal Code Section 41-395.5 is hereby amended
to read as follows:
Sec. 41-395.5. Uses subject to a conditional use permit in the C3 district, provided
that drive-through facilities are not permitted in conjunction with any of the
following uses.
Any use which may be permitted in the C1 district subject to the issuance of a
conditional use permit pursuant to section 41-365.5 may likewise be permitted in the C3
district subject to the issuance of a conditional use permit.
Ordinance No. NS-2427
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SECTION 4: That Santa Ana Municipal Code Section 41-402 is hereby amended
to read as follows:
Sec. 41-402. Uses permitted in the C3-A district, provided that drive.through
facilities are not permitted in conjunction with any of the following uses.
The following uses are permitted in the C3-A district:
(a) Retail and service uses.
(b) Professional, administrative and business uses.
(c) Automotive parking lots and parking structures.
(d) Theaters,
(e) Restaurants.
(f) Commercially operated professional studios, except for studios listed in
section 41-402.
(g) The following creative arts uses:
(1) Fine arts studios and/or galleries.
(2) Fiber arts studios and/or galleries.
(3) Printing, lithography and calligraphy facilities.
(4) Photography studios.
SECTION 5: That Santa Ana Municipal Code Section 41-403 is hereby amended
to read as fallows:
Sec. 4t-403. Usea subject to a conditional use permit in the C3-A district,
provided that drive-through facilitie~ are not permitted in conjunction with any of
the following uses.
The following uses may be permitted in the C3-A district subject to the issuance
of a conditional use permit:
(a) Live/work communities.
(b) Schools.
Ordinance No. NS-2427
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65
(c) Ceramic and pottery studios.
(d) Glass blowing and sculpturing studios.
(e)
Retail markets having less than twenty thousand (20,000) square feet of
floor area which are open at any time between the hours of 12:00
midnight and 5:00 a.m.
SECTION 6: If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
SECTION 7: Neither the adoption of this ordinance nor the repeal hereby of any
ordinance shall in any manner affect the prosecution for violation of ordinances, which
violations were committed prior to the effective date hereof, nor be construed as affecting
any of the provisions of such ordinance relating to the collection of any such license or
penalty or the penal provision applicable to any violation thereof, nor to affect the validity
of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited
pursuant to any ordinance and all rights and obligations thereunder appertaining shall
continue in full force and effect.
ADOPTED this 15th day of ~¥ ,2000.
Al-rEST:
P~cia E~ Healy
Clerk of the Council
~..~uel A. Pulido
Mayor
COUNCILMEMBERS:
Pulido AYE
Lutz AYE
Bist APE
Christy AYE
Franklin AYE
McGuigan AYE
Moreno Not Voting
APPROVED AS TO FORM:
ttorney
'/Gary-A'~. S~"~
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66
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
City of Santa Aha
I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance
No. NS-2427 to be the odginal ordinance adopted by the City Council of the City of
Santa Ana on ~'-//5~/,.~-~ ; and that said ordinance was published in
accordance with the Cl~art&r of the City of Santa Ana.
Date:
C~el~l~/of the council
city of Santa Ana
Ordinance No. NS-2427
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